A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 30, 2016, the Defendant: (a) heard the horses that the Defendant in Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul Seocho-gu”) was working as a car sales employee; (b) intended to sell a vehicle to the victim D and make a lump-sum payment; and (c) obtained a discount on the purchase price of a vehicle when he/she received an installment loan of KRW 15 million from E; and (d) provided the victim with a loan of KRW 15 million at the time of the first installment payment following the receipt of the loan. In short, the Defendant provided the victim with a loan of KRW 15 million from E.

On July 1, 2016, the Defendant continued to make a false statement that “If you send 15 million won to B, you will pay 15 million won to B, you will repay all of the above vehicle installment loans.”

However, even if the defendant receives 15 million won from the victim, he thought that he will arbitrarily use it, and he did not have the intention and ability to repay all of the installment payments of motor vehicle.

The Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the C account designated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Customer Director, Transfer Statement, Motor Vehicle Sales Contract, and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types of punishment] The general fraud [Type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations field and recommendations], the basic area of punishment, six months to one year and six months [the general person who is sentenced to suspension of execution] (the grounds for suspension of execution of sentence];

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;